Fair Housing Assistance Program

Provide assistance to State and local fair housing enforcement agencies for complaint processing, training, technical assistance, education and outreach, data and information systems and other activities that will further fair housing within the agen

The Fair Housing Assistance Program Funds state and local government agencies to investigate and enforce claims of housing discrimination.

Eligible applicants include State and local government fair housing enforcement agencies administering fair housing laws that have been certified by HUD as providing substantially equivalent rights and remedies as those provided by the Fair Housing Act and which have executed formal written Agreements with HUD to process housing discrimination complaints. In determining eligibility, HUD may also take into consideration whether a jurisdiction is already served by a FHAP agency.

Any person or group of persons aggrieved by a discriminatory housing practice because of race, color, religion, sex, disability, familial status or national origin. Also includes organizations (e.g. fair housing groups) that have suffered an injury as a result of a discriminatory housing practice.

The FHAP program provides funds on a formula basis to fully certified State and local agencies for complaint processing, administrative costs, and training associated with the enforcement of a substantially equivalent fair housing law. State and local fair housing enforcement agencies in their first three years of participation in the FHAP, which are interim certified, receive a fixed amount of funding to build the capacity of the agency to enforce substantially equivalent fair housing laws in lieu of the formula funding provided to fully certified agencies.

Cooperative agreements are executed for one year, they are non-competitive, and provide funding for complaint processing, administrative costs, and training for contribution agencies. Capacity building funds are also provided under a cooperative agreement for a period of up to three years. For detailed program information under each funding component, contact the Fair Housing and Equal Opportunity Region or Headquarters Office. Fixed price cooperative agreements are anticipated to be awarded with payments to be made in accordance with a schedule of dates set out in the cooperative agreements. Method of awarding/releasing assistance: lump sum

§ 115.205 Certification procedures.(a) Certification. (1) If the Assistant Secretary determines, after application of criteria set forth in §§ 115.204, 115.206, and this section, that the state or local law, both "on its face" and "in operation," provides substantive rights, procedures, remedies, and judicial review procedures for alleged discriminatory housing practices that are substantially equivalent to those provided in the Act, the Assistant Secretary may enter into a Memorandum of Understanding (MOU) with the agency.(2) The MOU is a written agreement providing for the referral of complaints to the agency and for communication procedures between the agency and HUD that are adequate to permit the Assistant Secretary to monitor the agency's continuing substantial equivalency certification.(3) The MOU, after it is signed by all appropriate signatories, may authorize an agency to be a certified agency for a period of not more than five years. Appropriate signatories include the Assistant Secretary, the FHEO regional director, and the authorized employee(s) of the agency.(b) In order to receive certification, during the 60 days prior to the expiration of the agency's interim agreement, the agency must certify to the Assistant Secretary that the state or local fair housing law, "on its face," continues to be substantially equivalent to the Act (i.e., there have been no amendments to the state or local fair housing law, adoption of rules or procedures concerning the fair housing law, or judicial or other authoritative interpretations of the fair housing law that limit the effectiveness of the agency's fair housing law).

FHAP is a reimbursement program. Funds are obligated at the end of the fiscal year after regional monitors review processed complaints for the period of performance. Cooperative Agreement package is prepared and forwarded to the FHAP agencies. Award occurs once the agency and Region Director signs off.

The Fair Housing Act, (Section 810)(f)(5)), requires HUD to make a determination for renewal of certification every five years of continued certification as substantially equivalent.